PART 9Enforcement

CHAPTER 2Civil penalties and notices

The Commissioners: disciplinary measures (procedure)83

1

When determining the type of sanction, and level of any penalty, to be imposed on a person (“P”) under regulation 76 or 78, the Commissioners must take into account all relevant circumstances, including where appropriate—

a

the gravity and the duration of the contravention or failure;

b

the degree of responsibility of P;

c

the financial strength of P;

d

the amount of profits gained or losses avoided by P;

e

the losses for third parties caused by the contravention or failure;

f

the level of co-operation of P with the Commissioners;

g

previous contraventions or failures by P; and

h

any potential systemic consequences of the contravention or failure.

2

Where the Commissioners decide to impose a penalty or publish a statement under regulation 76, or impose a prohibition under regulation 78, the Commissioners must give P a notice in accordance with paragraph (3).

3

A notice must be given of—

a

the Commissioners’ decision—

i

to impose a penalty, and the amount of the penalty;

ii

to publish a statement, and the terms of the statement;

iii

to impose a prohibition, and the terms of the prohibition;

b

the Commissioners’ reasons for imposing a penalty, publishing a statement or imposing a prohibition;

c

the right to a review under regulation 94; and

d

the right to appeal under regulation 99.

4

A notice about a penalty must—

a

state the manner in which and the period within which, the penalty is to be paid;

b

give details of the way in which the penalty may be recovered if it is not paid by the date stated in the notice.